Big Spring, TX asked in Criminal Law for Texas

Q: Can the police , detain and question a minor with no parent there ? In texas

Related Topics:
2 Lawyer Answers
Anna Summersett
Anna Summersett
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Officers are supposed to inform a parent upon arrest of a juvenile. However, for purposes of criminal responsibility, juvenile and minor are different. Minors 17 years of age are held responsible as adults, not juveniles. If your minor child is under investigation, contact a local defense attorney immediately for a free consultation.

Brian John Willett
Brian John Willett
Answered
  • Criminal Law Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Yes they can. Even though the police are required to "make their best effort" to inform the parent of their child being detained. Unless the child requests to speak with the parents ( or attorney)the police can hold and question the child. Now if the child is being questioned for a particular offense for which he is a suspect, any confessions taken by the police have special requirements to be admissible if the child is under the age of 17. Additionally, the police may come to your child's school and question them without a directive to apprehend if the SCHOOL ALLOWS IT.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.